Camp Lejeune’s water contamination has deeply affected many veterans and families. Most could not file a legal claim because the crisis happened in the 1980s and the Feres Law disallowed service people from suing the government.
However, everything changed in the August of 2022. The Justice Act allows affected veterans to file for compensation. They can now sue the authorities for negligence. While the Act itself is a giant positive step, navigating the traditional claim process can be lengthy and complex.
However, the Elective Option offers a faster and more streamlined approach to getting the compensation you deserve. In this blog post, we will delve into the advantages of this new system and examine if you qualify for it.
But first, let us understand the Justice Act, which laid the foundation for the Elective Option.
Understanding the Camp Lejeune Justice Act of 2022
The Camp Lejeune Justice Act of 2022 stands as a significant legislative achievement enacted by the Biden administration. According to TorHoerman Law, it has opened the doors to justice for veterans and families exposed to contaminated water.
Key Provisions of the Act
To qualify, you or your loved one must have resided or been stationed at the base for at least 30 consecutive days during the period between August 1st, 1953, and December 31st, 1987.
This criterion encompasses veterans, their relatives, and civilian staff who encountered contaminated water during this timeframe.
The Act establishes a list of presumptive conditions that are linked to the contaminated water at the site. These conditions include various cancers, Parkinson’s disease, and other serious health problems.
Claimants who have been diagnosed with one of these conditions and meet the eligibility criteria may be entitled to compensation.
Statute of Limitations
One of the most important aspects of the Act is the extension of the deadline for filing claims. Under the Act, you need to file your claim within two years of the Act enactment, or 180 days after the government denies the claim, whichever is later.
By establishing a clear path to compensation and extending the statute of limitations, the Act has given hope to countless individuals who have suffered from the devastating effects of contaminated water exposure.
Elective Option: Speeding Up the Claim Process
On average, it takes around two years to settle a Camp Lejeune lawsuit. This extended wait time can create financial strain and uncertainty for veterans and families facing health issues.
Introduced as part of the Camp Lejeune Justice Act of 2022, the Elective Option provides veterans with a swifter and more efficient route to receive compensation.
The Justice Department and the U.S. Navy have reached out to the individuals who have previously submitted claims and meet the eligibility criteria for the Elective Option.
Criteria and Screening For Eligibility
To be eligible for the Elective Option, individuals are required to submit a claim to the Department of the Navy (DON).
The Elective Option streamlines the DON’s assessment, focusing on key factors like the alleged injury type and the duration of a claimant’s presence at Camp Lejeune. By narrowing the review scope, the DON can expedite validation processes, leading to quicker issuance of settlement offers.
Settlement Amount
After receiving the offer, claimants will be given 60 days to determine whether they wish to accept it or pursue a larger settlement. Authorities indicate that settlements are expected to be reached shortly after a claim is approved.
The Camp Lejeune lawsuit payout per person, under this process, depends on the severity of exposure and injuries. Similar cases receive comparable settlement offers. This ensures equitable treatment based on evidence of causation.
Elective Option: Is It Worth It?
One of the most significant advantages of the Elective Option is the potential for faster processing times and expedited settlements. By streamlining the claims process, the Elective Option aims to provide claimants with timely compensation, allowing them to move forward with their lives.
If you do go for this option, you can expect a more straightforward process with less back-and-forth and fewer legal hoops to jump through.
Moreover, by opting for a predetermined settlement amount and avoiding lengthy litigation, you save a lot on the lawyer’s fee. Now, you can keep more of your compensation in your own pockets.
Potential Drawbacks and Considerations
Of course, the Elective Option isn’t without its potential drawbacks.
Waiving the right to a lawsuit or trial: One significant consideration is that claimants who choose this path waive their right to a lawsuit or trial. This means giving up the opportunity to have your day in court and a chance to receive a larger settlement.
Accepting a predetermined settlement amount: Another potential drawback is the need to accept a preset settlement amount. While this can provide certainty and expedite the process, it may not always reflect the full extent of your damages and losses.
Limited ability to appeal or challenge the settlement: If you choose the Elective Option, you have limited ability to appeal or challenge the settlement. What you get is final.
This is why it’s crucial for you to carefully weigh your options and make an informed decision before proceeding with the Elective Option.
In conclusion, the Elective Option represents a significant development in the fight for justice for Camp Lejeune victims. You now have a chance to bring an end to your years of relent and pain.
But again, if fighting a legal battle and getting compensation that you feel is worth your long period of perseverance, then go for it. Whatever you choose, remember you are not alone.
